OLUFUNLOLA OYELOLA ADEKEYE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 11th of December, 2001. The background facts of this case are that Rear Admiral Francis Echie Agbiti, a former officer in the Nigerian Navy now appellant before this court was tried by a General court Martial, hereafter to be referred to as the "Tribunal", with two other officers of the Nigerian Navy, Rear Admiral S.B. Kolawole NN/02/2 and Rear Admiral A.I. Bob-Manuel NN/0276, for the under mentioned offences: -
COUNT I
Statement of Offence
Conspiracy to commit felony contrary to section 114, subsection 1 of the Armed Forces Act (AFA) cap. A20 Laws of Nigeria 2004 and punishable under Section 516 of the Criminal Code Act Cap C 41 Laws of the Federation of Nigeria 2004.
Particulars of Offence
That you, Rear Admiral F.E. Agbiti NN/0237 between February and August 2004 conspired with Rear Admirals Bob-Manuel NN/0276 and S.B…